Yes, if you want an agent to show you homes. Since January 1, 2026, Texas law requires a real estate agent to have a written agreement with a residential buyer before showing any home, or before presenting an offer if no home is shown. You don’t have to sign anything to look at homes on your own, visit an open house hosted by the listing brokerage, or buy without an agent. The agreement has to spell out the services, the end date, and the agent’s compensation, and it must say that compensation is not set by law and is fully negotiable.
Brock Bremmer | U.S. Air Force Reserves Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
Buyer Representation Specialist
Also see: First-Time Buyer Guide | The Texas Option Period | Getting Earnest Money Back
What Changed in Texas in 2026?
Senate Bill 1968 added two sections to the Texas Real Estate License Act, Sections 1101.562 and 1101.563, effective January 1, 2026. The Texas Real Estate Commission (TREC) summarized the change in its article “What Changes in 2026 About Buyer/Tenant Representation in Texas.”
The core rule: an agent who performs any act of real estate brokerage for a prospective buyer of residential property must enter into a written agreement with that buyer before:
- Showing the buyer any residential property, or
- Presenting an offer for the buyer, if no property will be shown
The law defines residential property as a single-family house, a duplex, triplex, or fourplex, or a condominium or co-op unit. TREC says the written agreement requirement doesn’t apply to commercial purchasers or to tenants.
What Does the Agreement Have to Include?
Section 1101.563 requires the written agreement to state:
- The services the agent will provide
- The date the agreement ends
- Whether it’s exclusive or non-exclusive
- Whether the agent represents you as your buyer’s agent, or is only showing property without representing you
- The amount or rate of compensation the broker will receive and how it will be determined
It also has to say, in conspicuous language, that broker compensation is not set by law and is fully negotiable. Read that section closely. If something in it doesn’t match what you were told out loud, ask for it to be fixed before you sign.
Is There an Option That Doesn’t Commit You to One Agent?
Yes. Texas allows a showing-only agreement. Under Section 1101.562, an agent can show you property without representing you, as long as the agent doesn’t give you opinions or advice about the property or the transaction. The agent can still confirm the size, price, and terms of the property.
A showing-only agreement has limits built into the law:
- It can’t be exclusive
- It can’t last more than 14 days from the date you sign it
- If you later want advice, negotiation, or help with an offer, the agent needs a separate agreement with you
This can make sense if you’re only seeing one home with an agent you just met. If you want someone to negotiate, review inspection results, and manage deadlines like the option period, you’ll want full representation.
Do You Have to Sign One at an Open House?
It depends on who’s hosting. TREC’s guidance says that when the open house is hosted by an agent from the listing broker’s office, the agent doesn’t need to provide the Information About Brokerage Services (IABS) notice or a written agreement with visitors. That agent represents the seller and has to tell you so.
When the host isn’t from the listing brokerage and doesn’t represent the seller, TREC says that agent must provide the IABS and enter into a written agreement with visitors before showing the home. If a visitor declines to sign, TREC says the agent can’t show the property.
What About Builder Model Homes?
A builder’s on-site sales team works for the builder, so walking into a model home on your own generally doesn’t require you to sign a buyer agreement with anyone. The catch is the builder’s own policy on outside agents. Lennar’s published Broker Participation Policy, for example, requires the broker to be documented at the buyer’s first interaction and to go with the buyer on the first visit. If you visit first and bring an agent later, the builder may not recognize that agent under its policy.
If you want representation on a new build, sign with your agent before your first visit, chat, or virtual tour. I explain how offers on new builds work in The Truth About Making Offers on New Construction Homes in San Antonio, and my guide to inspections on new construction covers what your agent should line up after you sign.
Can You Cancel a Buyer Representation Agreement?
Read the termination terms before you sign, because TREC treats the agreement as a legal and binding contract. In its FAQ, TREC says you can ask the broker to release you, but TREC doesn’t have the authority to require a broker to do so. If the broker refuses, TREC says to seek the advice of a private attorney.
A few questions to ask up front:
- When does the agreement end, and can we pick a shorter term?
- Is it limited to a certain area, property type, or builder?
- How is compensation determined if a seller or builder offers to pay some of it?
- What happens if I buy a home I found on my own while the agreement is active?
A good agent will answer these in writing without pressure.
What Is the IABS Form?
The IABS is TREC’s Information About Brokerage Services notice, TREC No. IABS 1-0. Texas law requires an agent to give it to you at the first substantive conversation about a specific property. It explains how brokers can represent buyers and sellers, including as an intermediary, what duties they owe, and who supervises the agent. It isn’t a contract. It’s a disclosure so you know who the agent works for before you share your budget or strategy.
Frequently Asked Questions: Texas Buyer Representation Agreements
Is a buyer representation agreement required in Texas?
Yes, for agents working with residential buyers. Since January 1, 2026, Texas Occupations Code Section 1101.563 requires a written agreement before an agent shows a buyer any residential property, or before presenting an offer if nothing is shown. It doesn’t apply to commercial purchasers or tenants.
Is agent compensation set by law in Texas?
No. The written agreement must state in conspicuous language that broker compensation is not set by law and is fully negotiable, along with the amount or rate the broker will receive and how it will be determined.
Have Questions Before You Sign?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserves veteran who has helped buyers and sellers close 120+ homes across the San Antonio metro. He walks buyers through the agreement line by line before the first showing, whether they’re buying resale or new construction in San Antonio, New Braunfels, or Boerne.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
- 📅 Schedule a free consultation
Also see: Who Pays for Title Insurance in Texas | The Texas Seller’s Disclosure | Using a VA Loan in San Antonio
Sources: TREC, What Changes in 2026 About Buyer/Tenant Representation in Texas; Texas Occupations Code Chapter 1101 (Sections 1101.558, 1101.562, and 1101.563); TREC, Brokers, This Is What SB 1968 Means for You (FAQ); Lennar, Broker Participation Policy.